News & analysis of the United States Court of Appeals for the Third Circuit, by Matthew Stiegler

New opinion: Locomotive Inspection Act preemption

Finally, the Locomotive Inspection Act case we’ve all been dying for. Actually, it’s more a preemption case, and tricky enough to divide the panel. The majority ruled that the LIA did not preempt the state law claims, reversing.

The case is Delaware & Hudson Railway v. Knoedler Manufacturers. Opinion by Jordan, joined by Fisher. Dissent by Hardiman. Arguing counsel were Gregory Longworth for appellants and Matthew Planey for appellee.